MINUTES OF APRIL 6, 2009

REGULAR MEETING OF THE ALLIANCE CITY COUNCIL

 

The meeting was called to order by President Benincasa at 7:00 P.M. Councilman Thompson gave the Invocation and led the meeting in the Pledge of Allegiance.

ROLL CALL: Alan Andreani, Steve Okey, Phyllis Phillips, Roger Rhome, Sue Ryan, and Larry Thompson present.

 

Motion and second to excuse Councilman Clunk who is out of town. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

 

Motion and second to approve the minutes of the March 16, 2009, Regular Council Meeting. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

 

Motion and second to approve the minutes of the March 27, 2009, Special Council Meeting. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

 

COMMUNICATIONS:

 

Motion and second to receive and file all communications tendered to the Clerk.  MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

 

ADMINISTRATIVE REPORTS:

 

Mayor Middleton:  Reported that the City was notified that City will receive an additional approximate $180,000 in UDAG funding and the City Administration would propose to add additional Street improvements to the CDBG funding for this year.  There will be a public hearing on April 20, 2009 @ 6:00 PM at the City Administration building to review the changes.

 

Notified Council that the City was given notice by Alliance Castings that the company will idle the plant around June 5, 2009 and there will be layoffs of approximately 400 workers.  The Administration will meet with company officials to attempt to lessen the impact on the displaced workers.  This is supposed to be a temporary idling of the plant but is expected to last at least six months to a year.

 

Safety Service Director Blaser: Updated council on the water odor and taste situation and the improvements.

 

Labor counsel is present and would like an executive session to discuss the contract negotiations with the Police Patrolman’s association.

 

Reviewed Ordinance 27-09; 28-09; 29-09; 33-09; and 34-09.

 

Law Director Andrew Zumbar: Reviewed Ordinance 30-09 and the need based upon the 5^th District Court of Appeals decision in Carbone v. Alliance.

 

Reviewed Ordinance 31-09 and the Byrne Grant funding.

 

Asked Council to meet in executive session to discuss the pending litigation.

 

Motion and second to conduct an Executive Session at the end of the regular business of the meeting to discuss pending litigation and contract negotiations with counsel. Roll Call: Unanimous: MOTION PASSED TO CONDUCT EXECUTIVE SESSION AT CONCLUSION OF REGULAR BUSINESS.

 

Auditor Knowles: Reviewed the March 2009 Alliance Municipal Income Tax Recapitulation

 

STANDING COMMITTEE REPORTS:

 

Safety & Judiciary: Andreani:  Reviewed the April 2, 2009 committee meeting to discuss Ordinance 25-09 and the questions that arose.  Committee unanimously voted to favorably recommend passage of Ordinance 25-09.

 

Motion and Second to waive the hearing for the new liquor permit for the Sheetz Convenience Store. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

 

Motion and Second to waive the hearing for the new liquor permit for the Sobotka DBA Bier Haus. MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

Request a future Finance Committee meeting to further review the financial details of the grant in Ordinance 25-09 prior to the actual institution of the grant to study the financial impact.

 

Properties and Lands: Clunk: Absent, No Formal Report.

 

Finance: Okey:  Discussion of Ordinance 25-09 and the financial impact discussed by the Safety and Judiciary Committee. 

 

Reviewed Ordinance 32-09 and the incentive to build new Fire Stations asking that Safety and Judiciary review the ordinance and give recommendations to seek the grant funds.

 

PUBLIC HEARING:  At 7:30 PM Clerk Yost read the Notice of Public Hearing.  President Benincasa called three times for anyone wishing to speak in favor of the Ordinance.  Hearing no response, President Benincasa called three times for anyone wishing to speak against the ordinance.  Hearing no response, President Benincasa closed the Public Hearing at 7:33

 

Community Development: Phillips:  No formal report

 

Utilities:  Rhome:   Reported on the April 6, 2009 Meeting of the Water and Sewer Advisory Board. 

Committee favorably recommends passage of Ordinance 28-09.

 

Streets & Alley: Ryan: No formal Report

 

Planning, Zoning, & Housing: Thompson: No formal Report. 

 

PUBLIC SPEAKS: Frank Perrine of 1520 West Alden Ave. Spoke of Sewer line problems, Pit Bulls, and Railroad crossing Problems on Mahoning Avenue.

 

SPECIAL COMMITTEE REPORTS:  None

 

THIRD READINGS: None

 

SECOND READINGS:

 

Ordinance 23-09: Introduced by Andreani, Thompson and Ryan: An Ordinance amending Chapter 1327, Licensing of Contractors” to provide citizens with the ability to Grieve issues relating to contractors. NO FORMAL ACTION.

 

Ordinance 25-09: Introduced by Okey: An Ordinance authorizing and directing the Director of Public Safety and Service to submit an application to the U.S. Department of Justice’s Office of

Community Oriented Policing Services for the purpose of acquiring grant funds to increase manning levels in the Alliance Police Department; and declaring an emergency. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: Unanimous: ADOPTED.

 

NEW BUSINESS:

 

Ordinance 27-09: Introduced by Andreani: An Ordinance authorizing and directing the Director of Public Safety and Service to enter into a contract for the purpose of purchasing a new vehicle for the Alliance Police Department through the cooperative purchasing programs of the Ohio Department of Transportation or to advertise for bids and enter into a contract with another vendor at the lowest and best price, but for a cost not to exceed $30,000 in any case; and declaring an emergency. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: Unanimous: ADOPTED.

 

Ordinance 28-09: Introduced by Rhome and Andreani: An Ordinance authorizing and directing the Director of Public Safety and Service to enter into a contract for the purpose of purchasing a four new trucks for the Water and Sewer distribution Department through the cooperative purchasing programs of the Ohio Department of Transportation or to advertise for bids and enter into a contract with another vendor at the lowest and best price, but for a cost not to exceed $90,000 in any case; and declaring an emergency. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: Unanimous: ADOPTED.

 

Ordinance 29-09: Introduced by Ryan and Andrieani: An Ordinance authorizing the Director of Public Safety and Service to enter into a grant agreement attached as exhibit “A” with the Ohio Department of Transportation for traffic signal improvements; and declaring an emergency. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: Unanimous: ADOPTED.

Ordinance 30-09: Introduced by Council as a whole: An Ordinance amending sections 941.05 and 941.06 of the Codified Ordinances of The City of Alliance; and declaring an emergency. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: Unanimous: ADOPTED.

 

Ordinance 31-09: Introduced by Andreani: An Ordinance authorizing and directing the Mayor and Auditor to apply for and receive funding for the 2009 Bryne Memorial Justice Assistance Grant Program and execute any and all of the necessary documents pertaining thereto; and approving and adopting a memorandum of understanding attached hereto as Exhibit “A” ; and declaring an emergency. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: Unanimous: ADOPTED.

 

Ordinance 32-09: Introduced by Okey: An Ordinance authorizing and directing the Director of Public Safety and Service to submit an application to the Assistance to Firefighters Grant Program of the U.S. Department of Homeland Security and the Federal Emergency Management Agency for the purpose of acquiring grant funds to construct a new fire station that replaces the existing Mount Union Fire Station; and declaring an emergency. Motion and second to refer to the Safety and Judiciary Committee: Roll Call: Unanimous: REFERRED TO SAFETY AND JUDICIARY COMMITTEE.

 

Ordinance 33-09: Introduced by Ryan and Andreani: An Ordinance authorizing and directing the Director of Public Safety and Service to enter into a contracts for the purpose of purchasing a new single axle dump truck with plow and salt spreader for the Street Department through the cooperative purchasing programs of the Ohio Department of Transportation or to advertise for bids and enter into a contract with another vendor at the lowest and best price, but for a cost not to exceed $100,000 in any case; and declaring an emergency. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: Unanimous: ADOPTED.

 

 

Ordinance 34-09: Introduced by Andreani: An Ordinance authorizing and directing the Director of Public Safety and Service to enter into a contract for the purpose of purchasing a new assistant chief’s vehicle for the Fire Department through the cooperative purchasing programs of the Ohio Department of Transportation or to advertise for bids and enter into a contract with another vendor at the lowest and best price, but for a cost not to exceed $18,000 in any case; and declaring an emergency. Motion and second to suspend rules: Roll Call: Unanimous for rules suspension. Motion and second to adopt: Roll Call: Unanimous: ADOPTED.

 

OLD BUSINESS:

 

Ordinance 13-09: Introduced by Thompson: An Ordinance vacating part of a 15 foot alley East of Madison Avenue North of Vine Street in the City of Alliance, County of Stark, and State of Ohio, and declaring an emergency. Motion and second to adopt: Roll Call: Unanimous: ADOPTED.

 

Ordinance 14-09: Introduced by Thompson: An Ordinance accepting and approving the replat of lot 6079 and part of a vacated 15 foot alley located on Madison Avenue in the City of Alliance, County of Stark, and State of Ohio. Motion and second to adopt: Roll Call: Unanimous: ADOPTED.

 

Ordinance 15-09: Introduced by Thompson: An Ordinance accepting and approving the replat of lot 11735 and part of Outlot 290 located on South Union Avenue in the City of Alliance, County of Stark, and State of Ohio. Motion and second to adopt: Roll Call: Unanimous: ADOPTED.

 

Ordinance 10-09: Introduced by Okey: An Ordinance to authorize and require a one-time credit of ten percent to the monthly water bill of each residential customer of water from the City of Alliance; and to declare an emergency. Motion and second to adopt: Lengthy Discussion: Roll Call:  3 in favor (Okey, Phillips, and Thompson) 3 against (Andreani ,Rhome and Ryan) a tie vote resulting in the President of Council voting on the matter.  President Benincasa voted against: FAILED.

 

Motion and Second to re- appoint Tom Moushey to the  Board of Zoning Appeals MOTION PASSED BY ACCLAMATION OF ALL MEMBERS.

 

Motion and Second to enter Executive Session to discuss pending litigation with counsel and contract negotiations with Council Members, Council President, Auditor, Law Director, Mayor,  Safety Service Director, and Labor Counsel present. Council Clerk asked to be excluded due to a potential conflict of interest. Roll Call: Unanimous: Council entered into Executive Session at 8:15 PM.

 

Council re-entered regular session at 9:26 PM